Hong Kong Ordinances

ENTERTAINMENT SPECIAL EFFECTS ORDINANCE - SECT 50

Liability of holder of licence or permit for offences committed by his employees and agents

(1) Subject to this section, where it is proved to the satisfaction of a court
that an offence against this Ordinance has been committed by any employee or
agent of any person holding any licence or permit issued under this Ordinance,
such person shall, unless-

   (a)  the offence was committed without his knowledge or consent; and

   (b)  he had exercised all due diligence to prevent the commission of the
        offence, also be held to be liable for such offence and to the penalty
        provided therefor.

(2) No such person shall be sentenced to imprisonment (except in default of
payment of a fine) for any offence under this section.

(3) Nothing in this section shall be deemed to exempt the employee or agent
from the penalties provided for the offence committed by such employee or
agent.

(4) In any proceedings against the person in relation to which subsection (1)
is alleged to apply, it shall, in relation to the offence against
this Ordinance concerned committed by the employee or agent concerned of the
person, be presumed, in the absence of evidence to the contrary, that-

   (a)  the offence was committed with the knowledge and consent of the
        person; and

   (b)  the person did not exercise all due diligence to prevent the
        commission of the offence.